scholarly journals Legal status of environmental refugees as a vulnerable categories of the population requiring environmental and legal protection

2020 ◽  
pp. 337-342
Author(s):  
Olga Vasianovych
Keyword(s):  
Climate Change ◽  
Legal Status ◽  
Climatic Factors ◽  
National Level ◽  
Forced Migration ◽  
Legal Protection ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Border Crossings ◽  
Environmental Refugees

The increase in the number of people forced to leave their homes due to climate changes or other environmental problems is growingsteadily. The number of vulnerable categories of population requiring environmental protection is increasing. In this regard, theconcept of “environmental refugee” has emerged at the global level, which requires clear legal regulation and its formal classificationas vulnerable.The results of numerous studies show that the cause of migration is not only political and economic factors, but also the environmentalsituation in a particular area. To determine climatic factors, a standardized precipitation and evaporation index SPEI is used,which is called the “multi-scalar drought index”, which determines the onset, duration and extent of drought relative to normal conditionsin various systems (rivers, sowing areas, ecosystems).The concept of “environmental refugees” is currently recognized in the Global Compact on safe, orderly and legal migration inaccordance with its 2018 goals.The issue of environmental refugees has been discussed at the UN level since 1985, when UNEP – UN Environment Programexpert Essam El-Hinawi identified environmental refugees as “… people who have been forced to leave their habitat, temporarily orpermanently, due to noticeable changes in the environment (natural or man-made), which endangered their existence or significantlyaffected their quality of life. “The definition of environmental refugees should include the following distinguishing features: forced migration, temporary orpermanent relocation, border crossings, disturbances related to climate change: whether they are natural or anthropogenic.The analysis of acts of “soft law” and international agreements in the context of the legal status of “environmental refugees” givesgrounds to classify “environmental refugees” as vulnerable categories of the population subject to environmental and legal protectionon the following grounds:1) environmental refugees are those who have suffered from natural disasters and slow climate change, which destroys the conditionsof proper existence of each person, protection of his fundamental rights, and therefore they are forced to leave their places ofresidence due to environmentally unfavorable conditions;2) environmental refugees are persons of different ages, health conditions, social status, race and nationality, which already automaticallyclassifies them as “vulnerable”;3) environmental refugees need environmental and legal protection and protection, as well as an appropriate legal mechanism toregulate their status as a community at the international legal level and at the national level.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals National appropriation of natural resources in the international space law

2021 ◽  
pp. 46-59
Author(s):  
Olesya Andreevna Popova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Outer Space ◽  
National Level ◽  
The United States ◽  
Legal Regulation ◽  
Legal Regime ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies

This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.

scholarly journals РОССИЯ И КИТАЙ: СОВЕРШЕНСТВОВАНИЕ ЗАКОНОДАТЕЛЬСТВА В ОБЛАСТИ БОРЬБЫ С ДОПИНГОМ

2020 ◽  
Vol 56 (3) ◽  
pp. 157-166
Author(s):  
В. В. Литовченко
Keyword(s):  
High Performance ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Policy ◽  
Legal Protection ◽  
Political Influence ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
The Right

Спорт высших достижений является отражением экономического и политического влияния на международном уровне. Россия со времен СССР, являясь одним из мировых лидеров, занимала ведущие позиции в мировом спорте. Вместе с тем последние события в сфере крупных международных соревнований, серьёзные допинг-скандалы, отстранение ведущих спортсменов от соревнований показывают, что успех в современном спорте высших достижений неизменно связан с правильной трактовкой и реализацией на национальном уровне международно-правовых норм, связанных с допингом. Особую роль занимает уголовно-правовая охрана «чистоты» спорта от преступных посягательств в сфере использования и оборота допинговых средств. Автором проанализированы основы законодательства Российской Федерации и Китайской Народной Республики в области противодействия применению запрещённых препаратов в спорте. Осуществлена оценка на-ционального законодательства двух стран в контексте их соответствия междуна-родно-правовым договорам и соглашениям. Проведён сравнительный анализ действующих административных и уголовно-правовых норм. Систематизированы ос-новные положения и подходы в правовом регулировании данной сферы в России и Китае. Отдельно рассмотрены нормы, регламентирующие уголовную ответствен-ность за преступные деяния, в которых допинг является предметом преступления. Также в работе уделяется внимание уголовной политике в сфере борьбы с использованием допинга национальными спортсменами. Автор приходит к выводу, что две страны – на правильном пути, модифицируя нормы, касающиеся допинга, в соответствии с текущими реалиями спорта высших достижений. Несмотря на необ-ходимость внесения некоторых изменений, в дальнейшем принятые меры в России и Китае должны дать положительный результат. Ключевые слова: спорт высших достижений, законодательство, существующее в России и в КНР, субъекты международной спортивной деятельности, правоотношения, ответственность, борьба с допингом, незаконное употребление, наказание. The sport of records reflects the economic and political influence at the international level. Since the times of the USSR, Russia has been one of the world leaders, hold-ing leading positions in world sports. At the same time, the latest events in the sphere of large international competitions, serious doping scandals, banishment of the leading athletes from the competitions demonstrate that a success in modern sports of the highest achievements is inevitably connected with the correct interpretation and implementation of international legal norms related to doping at the national level. A special role is played by criminal legal protection of sport "cleanliness" from criminal encroachments in the sphere of use and circulation of doping means. The author analyzed the basics of legislation of the Russian Federation and the People's Republic of China in the sphere of counteraction to the use of prohibited drugs in sport. National legislation of the two countries was assessed in the context of their compliance with international legal treaties and agreements. A comparative analysis of existing administrative and criminal legal norms was made. The main provisions and approaches to legal regulation in this area in Russia and China were systematized. The norms regulating criminal liability for criminal acts in which doping is a subject of crime are considered separately. Also, attention is paid to criminal policy in the sphere of struggle against doping by national sportsmen. The author comes to the conclusion that the two countries are on the right track by modifying the norms concerning doping according to the current realities of the high-performance sport. Despite the necessity to make some changes in the future, the measures taken in Russia and China should give positive results. Keywords: sport of records, legislation existing in Russia and the PRC, subjects of international sports activities, legal relations, liability, the fight against doping, illegal use, punishment.

scholarly journals Introduction Environmentally Induced Displacement and Forced Migration

Refuge ◽  
2014 ◽  
Vol 29 (2) ◽  
pp. 5-10 ◽  
Author(s):  
Pablo Bose ◽  
Elizabeth Lunstrum
Keyword(s):  
Climate Change ◽  
Public Discourse ◽  
International Institutions ◽  
Forced Migration ◽  
Social Lives ◽  
Environmental Refugees ◽  
Iconic Images ◽  
National Governments ◽  
Global And Local

Disappearing coastlines, fields and homes flooded by rising waters, lands left cracked and barren by desertification, a snowpack shrinking in circumpolar regions year by year—these are only a few of the iconic images of climate change that have evoked discussion, debate, and consternation within communities both global and local. Equally alarming has been the threat of what such degraded and destroyed landscapes might mean for those who depend upon them for their livelihoods—as their homes, as their means of sustenance, and as an integral part of their cultural and social lives. A mass of humanity on the move—some suggest 50 million, 150 million, perhaps even a billion people1—the spectre of those forced to flee not as the result of war or conflict but rather a changed environment haunts the imaginaries of national governments, international institutions, and public discourse alike. Are these environmental refugees? Should they be granted the same protections and support as those who can prove their fear of and flight from persecution? Do the sheer numbers contemplated by the scale of the events and factors threaten to overwhelm the international refugee system?

scholarly journals Freedom Of Thought Endangered In The 21st Century? Legal Protection From Manipulation

wisdom ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 131-147
Author(s):  
Lilit YEREMYAN ◽  
Davit HARUTYUNYAN
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
National Level ◽  
Legal Protection ◽  
Legal Regulation ◽  
Prima Facie ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Freedom Of Thought

Abstract The freedom of thought is stipulated as a fundamental human right in main international human rights instruments at universal and regional levels. Freedom of thought is also guaranteed at national level in constitutions of many states. It might seem that the legal regulation of freedom of thought is more declarative by its very nature: prima facie, it cannot be limited or violated in practice. Thus, one might assume that it does not need any legal protection. In this paper we argue that the rapid scientific and technological evolution urge the necessity of rethinking the legal content of the freedom of thought and elaborating mechanisms at national and international levels for its effective protection. In particular we discuss the lawfulness of manipulation as means of influencing the freedom of thought in the age of high technologies and argue that the large-scale intensive manipulation by using special big data processing tools (including artificial intelligence) with the aim to shape the information receivers’ decision-making process in order to reach a certain outcome motivated by self-interest should be viewed as unlawful interference into the freedom of thought under International Human Rights Law, consequently creating positive obligations for states.

scholarly journals ECOLOGICAL NORMALIZATION IN THE SPHERE OF LEGAL REGULATION OF CLIMATE CHANGE PREVENTION IN UKRAINE

2020 ◽  
pp. 47-51
Author(s):  
Ye. M. Kopytsia
Keyword(s):  
Climate Change ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Environmental Changes ◽  
National Level ◽  
Legal Regulation ◽  
Gas Emissions ◽  
Leading Role ◽  
Combat Climate Change ◽  
Definition Of

The article carries out the analysis of scientific researches and current legislation in the sphere of prevention and combating climate change. It is determined that the basis for the development of effective national legislation in this area should be formed by the state climate policy. It is proved that the institute of normalization occupies a leading role in providing effective legal regulation in the sphere of prevention and combating negative environmental changes caused by climate change. It is proposed to define ecological normalization in the sphere of climate change prevention as an activity of the authorized state bodies in the development, establishment and implementation of the normative standards of pollutants affecting the climate (limit permissible values of greenhouse gas emissions) with the purpose of limiting and controlling the effects of climate change, preventing its change and ensuring a favorable environmental status as a whole. The article proves the necessity of making amendments to the laws of Ukraine “On protection of the environment” and “On protection of the atmospheric air”, as the initial stage of formation of legal regulation in the field of prevention and combating climate change at the national level, with the prospect of adoption of a special regulatory legal act in this area. Thus, the definition of the concepts of “climate” and “normalization in the sphere of climate change prevention”, as well as legal measures to prevent and combat climate change in Ukraine, which should include the development, installation and implementation of standards for emissions of pollutants affecting the climate (standards of greenhouse gas emissions) should be enshrined in law. Attention is drawn to the fact that the slow pace of development and adoption of regulations in the sphere of climate change prevention, the problems of implementation of the already adopted laws are due to the lack of a mechanism to take into account the problem of climate change and to provide conditions for reducing greenhouse gas emissions in other spheres of state policy, while developing national strategies and programs, etc.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

scholarly journals Problems of decentralization reform implementation in Ukraine and ways to solve them

2020 ◽  
pp. 23-28
Author(s):  
M.I. Logvynenko ◽  
A.E. Tsymbal
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
National Level ◽  
Legal Regulation ◽  
Focused Attention ◽  
Reform Implementation ◽  
Basic Law ◽  
Territorial Organization ◽  
Decentralization Reform ◽  
Definition Of

The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

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